SB2370 95TH GENERAL ASSEMBLY

LRB095 16836 RCE 42874 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2370

Introduced 2/14/2008, by Sen. Susan Garrett

SYNOPSIS AS INTRODUCED:

525 ILCS 45/3	from Ch. 5, par. 1603
525 ILCS 45/4	from Ch. 5, par. 1604
525 ILCS 45/5	from Ch. 5, par. 1605
525 ILCS 45/5.1	from Ch. 5, par. 1605.1
525 ILCS 45/5.2	from Ch. 5, par. 1605.2

Amends the Water Use Act of 1983. Defines "high-capacity well". Imposes further restrictions on high-capacity wells and expands notice requirements. Makes other changes. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning conservation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Water Use Act of 1983 is amended by changing Sections 3, 4, 5, 5.1, and 5.2 as follows:

(525 ILCS 45/3) (from Ch. 5, par. 1603)

Sec. 3. Purpose. The general purpose and intent of this Act is to establish a means of reviewing potential water conflicts before damage to any person is incurred and to establish a rule for mitigating water shortage conflicts by:

(a) Providing authority for County Soil and Water Conservation Districts to receive notice of incoming substantial users of water.

(b) Authorizing Soil and Water Conservation Districts, working with the Survey (as defined in Section 4 of this Act) to restrict recommend restrictions on withdrawals of groundwater in emergencies.

(c) Establishing a "reasonable use" rule for groundwater withdrawals.

The requirements of Section 5 and 5.1 of this Act shall not apply to the region governed by the provisions of "An Act in relation to the regulation and maintenance of the levels in Lake Michigan and to the Diversion and apportionment of water from the Lake Michigan watershed", approved June 18, 1929, as amended.

(Source: P.A. 85-1330.)

(525 ILCS 45/4) (from Ch. 5, par. 1604)

Sec. 4. Definitions. As used in this Act, unless the context otherwise requires:

(a) "Department" means the Illinois Department of Agriculture.

(b) "District" or "Soil and Water Conservation District" means a public body, corporate and political, organized under the "Soil and Water Conservation Districts Act".

(c) "Groundwater" means underground water which occurs within the saturated zone and geologic materials where the fluid pressure in the pore space is equal to or greater than atmospheric pressure.

(d) "High-capacity well" means a well where the rate or capacity of withdrawal of all wells on one property is in excess of 70 gallons of water per minute, or 100,000 gallons on any day.

(e) (d) "Land occupier" or "occupier of land" includes any individual, firm or corporation, other than the owner, who is in legal possession of any land in the State of Illinois whether as a lessee, renter, tenant or otherwise.

(f) (e) "Person" means any owner of land or the owners' designated agent including any individual, partnership, firm, association, joint venture, corporation, trust, estate, commission, board, public or private institution, unit of local government, school district, political subdivision of this state, state agency, any interstate body or any other legal entity.

(g) (f) "Point of withdrawal" means that point at which underground water is diverted by a person from its natural state.

(h) (g) "Reasonable use" means the use of water to meet natural wants and a fair share for artificial wants. It does not include water used wastefully or maliciously.

(i) (h) "State" means the State of Illinois.

(j) "Survey" means Illinois State Water Survey.

(Source: P.A. 85-1330.)

(525 ILCS 45/5) (from Ch. 5, par. 1605)

Sec. 5. Water Conflict Resolution. In the event that a land occupier or person proposes to develop a new point of withdrawal, and withdrawals from the new point is a high-capacity well can reasonably be expected to occur in excess of 100,000 gallons on any day, the land occupier or person shall notify the District before construction of the well begins. The District shall in turn notify other local units of government and adjacent Districts with water systems who may be impacted by the proposed withdrawal. The District shall then review with the assistance of the Illinois State Water Survey and the State Geological Survey the proposed point of withdrawal's effect upon other users of the water. The review shall be completed within 30 days of receipt of the notice. The findings of such reviews shall be made public, and the Illinois State Water Survey shall post all findings on its website.

(Source: P.A. 85-1330.)

(525 ILCS 45/5.1) (from Ch. 5, par. 1605.1)

Sec. 5.1. Groundwater Emergency Restrictions.

(a) Each District within any county in Illinois through which the Iroquois River flows, and each District within any county in Illinois with a population in excess of 100,000 through which the Mackinaw River flows, is authorized to recommend to the Department of Agriculture restrictions on groundwater withdrawal as provided by this Section.

A land occupier or person who possesses land which contains an existing a point of withdrawal that is a high-capacity well or is proposing a new point of withdrawal that is a high-capacity well capable of producing more than 100,000 gallons of water on any day shall register that point of withdrawal with the District and shall furnish such reasonable data in such form as may be required by the District.

(b) The District, with the assistance and approval of the Department of Agriculture and the Survey, shall issue recommended guidelines for the construction of points of withdrawal and the type and setting of pumps for use in those points of withdrawal. Copies of the guidelines shall be made available from the District upon request and posted on the Internet.

(c) Within 2 working days after receiving a written complaint from a land occupier or a person whose point of withdrawal has failed to furnish its normal supply of water, the District shall schedule an on-site investigation. If the investigation discloses (1) that the point of withdrawal fails to furnish its normal supply of water, (2) that the failure is caused by a substantial lowering of the level of groundwater in the area, and (3) that the point of withdrawal and its equipment conform to the recommended guidelines of the District issued under subsection (b), the District may recommend to the Department of Agriculture that the Department restrict the quantity of water that a person may extract from any high-capacity well point of withdrawal within the District's boundaries which is capable of producing more than 100,000 gallons on any day. The restriction shall be expressed in gallons of water, may apply to one or more points of withdrawal within the District, and may be broadened or narrowed as appropriate. The restrictions shall be lifted as soon as justified by changed conditions.

(d) When a District determines that restriction of the withdrawal of water at a particular point within the District is necessary to preserve an adequate water supply for all residents in the District, the District shall may recommend to the Department of Agriculture that the Department restrict the quantity of water that may be extracted from any point of withdrawal within the District which is a high-capacity well capable of producing more than 100,000 gallons of water on any day. The Department shall review the District's recommendation and if it agrees with such recommendation shall restrict the withdrawal of water within the District in accordance with subsection (c) and shall notify each land occupier or person who possesses land which contains a registered point of withdrawal affected by the restriction.

If the Department disagrees with the District's recommendation, it shall notify the District, the land occupier or the person who possesses land which contains a registered point of withdrawal affected by the recommendation and the complainant, giving the reason for the failure to affirm the recommendation. The Department may propose an alternate recommendation.

If the District, the respondent or the complainant disagrees with the decision of the Department, such person may request an administrative hearing to be conducted by the Department in accordance with the Illinois Administrative Procedure Act to show cause concerning its decision.

Final decisions of the Department pursuant to this Section may be appealed in accordance with the Administrative Review Law.

(e) The Department is authorized to promulgate rules and regulations, including emergency rules, for the implementation of this amendatory Act of 1987. The Department may set the general policy for the Districts to follow in the administration of this Act.

(Source: P.A. 91-357, eff. 7-29-99.)

(525 ILCS 45/5.2) (from Ch. 5, par. 1605.2)

Sec. 5.2. Investigation and review - Entry upon land. Persons investigating a complaint or conducting a review on behalf of the Department, the Survey, or District of the impact of a proposed or existing well that is required to be registered may enter upon private property for the purpose of conducting an investigation and may review any records pertaining to pumping data.

(Source: P.A. 85-1330.)

Section 99. Effective date. This Act takes effect upon becoming law.